1. Field of the Invention
This invention relates to datafile [music/movie] transferring and/or downloading. Downloading may involve hypertext transfer protocol (http) transmission via World Wide Web connection.
2. Discussion of Prior Art
FIG. 2 is a flowchart illustrating operations of prior art datafile distribution methods in the context necessary for the prior art discussion, of the present invention. This figure omits discussion of computer hardware and/or software unnecessary for this discussion, but it should be understood that additional components necessary for datafile transfers may be utilized. (i.e., modem, mouse, etc.).
Personal computers (CPU's), are adopting more entertainment duties as technology advances adapt more prolific applications. Consumers in recent years have begun employing the use of file compression formats such as—MP3, MPEG, JPEG, etc.—for the purpose of trading files, including music and/or movie (motion picture) files compressed in such a format, over the Internet (World Wide Web). Additionally, consumers utilize the commercial versions of CD-ROM/burners to ‘write’ and/or make compact discs containing a personal selection of music/movie files downloaded from the Internet, for replay on home computers or any variety of applications.
Blank compact disc storage media are widely available in a variety of retail venues, for purchase by the consumer b1). The three main types of optical storage media available are, (1) rewriteable, (2) write-once read-many (WORM), and (3) compact disc read only memory (CD-ROM). The optical disc makes use of laser technology: digital data are recorded by burning a series of microscopic holes, or pits, with a laser beam into thin metallic film on the surface of a 4¾-inch (12-centimeter) plastic disc.
(1) rewriteable optical discs allow the user to write, erase and rewrite information on the disc. (2) WORM type optical discs allow the user to write information on the disc in a permanent state. (3) CD-ROM type discs typically are obtained with information already written or stored on the disc. Information stored on the optical disc can be ‘read’ in a CD-ROM drive of a CPU or equivalent optical technology devices.
‘Pirate’ Downloading Website Services
File sharing networks, utilizing Peer-to-peer (P2P) technology, such as Napster, KaZaA and Morpheus were some of the first to facilitate this type of service, offering a wide variety of content including ranges of music and movies. Parloff, R. (2003, Oct. 27), The Real War over Piracy. Fortune, 148 (9), 148-156. The wide variety of files, especially music files was due to the unrestricted admission of data uploaded by users participating file sharing on the P2P network. Utilizing the so-called pirate website 2b2), a consumer shared or distributed datafiles of their choice 2b3), by up- or downloading datafiles. Downloaded files are stored on the hard drive of a CPU 2b4) and could be copied any number of times, including making unlimited numbers of illegally copied CD's. 2b5), on obtained compact disc storage media.
Consumers paid no fees to up- or download datafiles, including copyrighted proprietary material, (i.e., music, movies, etc.). The KaZaA system is reported to have attracted 4.5 million simultaneous users participating in file sharing, according to on-line media measurement group BigChampagne, Fortune 148 (9), at 152.
However the artists and/or owners of the copyrighted material were not being compensated and/or paid royalties for the dissemination of their intellectual property. Ninety percent of the files available via KaZaA, are copy-righted material, according to entertainment industry analysis 2b6). Fortune 148 (9), at p. 152. Lawsuits alleging copyright infringement led to the shut down of Napster in 2001. Roberts, J. L. (2003, Oct. 13) Business: Pay 2 Play, Newsweek, pp 47-48.
Lawsuits have also been filed against individual file sharers or music consumers identified only by their numeric Internet addresses 2b7). McBride, S., (2004, Mar. 24). RIAA Sues People at 21 Colleges, claiming Illegal Music Sharing. The Wall Street Journal, p. B4. File sharing over the Internet has greatly affected the music distribution industry.
Proprietary Downloading Website Services
Several music downloading sites have been developed and operated in compliance with copyright laws, providing compensation to music companies and/or artists. Websites such as iTunes Music Store (apple.com/iTunes), BuyMusic.com (buymusic.com), MusicMatch Downloads (musicmatch.com), collect fees for services including downloading. Wingfield, N., Smith, E., (2003, Oct. 9) New ways to pay 99 cents for Music, The Wall Street Journal, pp. D1, D2. Logging on to one of the proprietary websites b2), the music files available for personal selection by the consumer b3), is limited in comparison to that available from the ‘pirate’ websites. Limitations are incorporated into the music files limiting the number of times it may be copied either from CPU to CD b4) or CPU to CPU. At these websites, fees are mainly collected via credit card transactions over the internet b5). Questions have been raised about the profitability of this business model where the downloading websites have to pay royalties and credit card transaction fees while offering songs at a marketable price. Tam, P., (2003, Oct. 9) Apple's E-music Store Ins't the Next Beatles, The Wall Street Journal, pp. C1, C3.
The most versatile applications of datafile downloading websites are illegal or require a valid credit card transaction for participation ab6). Consumers with imperfect credit history, invalidating their credit cards for what ever reason cannot enjoy music downloads bb6). Several of the websites provide downloads to consumers who pay subscription fees subject to time and/or content quantity limitations, [b1a)] which allow payment by mail. In any event, music consumers, have to purchase blank CD storage mediums for music file storage b7), in addition to the required credit card for instant service, or endure the time issues involved with subscription payment.
Compared to KaZaA's 4.5 million simultaneous users, consumers have been less receptive to the legal versions of downloading websites for a number of reasons including having to pay for service. Consumer behavioral resistance is challenged by not facilitaing removeable storage mediums to store the downloaded files containing music/movie content. Music fan consumers often share their favorite artists' songs with other fans. Music is also a common gift purchase. The tangibility of removeable storage mediums facilitates the transferability of the music content within them, in accordance with existing consumer behavior. An MP3 file containing a song cannot be gift wrapped and given, unless a consumer spends between an average of $199.99-299, on a digital audio player. Mossberg, W. S., (2004, Feb. 11), Smaller iPod to hit stores next week. The Wall Street Journal, pp. D1, D4. Compact Discs containing popular music are often Christmas, Valentine's Day and Birthday gifts. MP3 files lack the tangible properties a CD provides for gift presentation of a cherished song or artist. One can compare receiving a handwritten letter, to an e-mail from a love interest. The physical letter has a more personal effect.
Consideration should also be given to the premium required to purchase hardware and/or devices able to play songs in MP3 or comparable file compression formats. With digital download services in its nascent state, introductory pricing on hardware and/or devices are high compared to CD or other physical storage medium formats.
Napster has been relaunched by Roxio Inc., now in compliance with copyright laws. The Napster Website includes a service that will allow 15 song downloads from the website to consumers who purchase prepaid cards in retail stores. Wingfield, N., (2003, Oct. 28), Quickfix, Music Allowance. The Wall Street Journal, p. D1. With MP3.com's Beam-It, MP3.com software recognizes an original CD in a consumer's ROM Drive and registers it. Subsequently the consumer can listen to a an MP3 version of the songs on the original CD, drawn from a database of 45,000 CD's that MP3.com copied (without license), from any computer. MP3.com also offered Instant Listening, which allows a consumer to immediately start listening to an MP3 version of a CD purchased online, before the disc is physically delivered. Pohlmann, K. C., (2000, June) Digital Horizons: Sue City. Stereo Review's Sound & Vision, p. 34. Beam It requires the consumer to purchase a pre-recorded CD, in order to utilize the advantages of the MP3 file compression format. The convenience and versatility of Internet music downloads is severely limited in this procedure. Consumers cannot lawfully create a CD compiled of a personal selection of music. Instant Listening requires the use of a credit card transaction, not to mention that, the consumer must wait before the disc is physically delivered. Also this version of software was the subject of copyright infringement litigation between Recording Industry Association of America (RIAA) vs. MP3.com. Stereo Review's Sound & Vision, ibid.
Objects and Advantages
This invention provides [music/movie] datafile downloads to paying consumers. When the objects of the invention are performed in combination the effectiveness of proprietary datafile downloads will likely be enhanced.
A wide variety of music choices will be provided by allowing consumers, unrestricted uploads of files, at no cost, meanwhile generating revenue and paying royalties to the music companies and/or owner's for distribution of their copyrighted material. (User and/or consumer uploads will not be the only source of files available for distribution by the website of the present invention.)
Extension of proprietary [music/movie] datafile downloading service to a wider consumer base is also enabled when the present invention is used. Many consumers may not want to, or are unable to utilize credit cards to make transactions over the Internet. Parents of an underage music fan, can utilize the present invention to provide legal datafile downloads, without having to make credit card transactions. This objective is achieved by providing a point of sale which facilitates cash payment for service. Including at brick and mortar retail stores.
A novel point of sale of access to datafile downloads is provided. Said access to downloads, is conveniently integrated with a removeable storage medium. This invention provides proprietary content datafile downloads in full compliance with copyright law, while providing access to the Internet proprietary content downloads without having to pass credit checks.
Also, the music/movie content is organized by default when the consumer utilizes a removeable storage medium format such as a physical CD. An enormous amount of MP3 files can be stored in a single device. But still, to organize all the information is a task in and of itself. Further objects and advantages of our invention will become apparent from a consideration of the drawings and ensuing description.